For the purposes of this Chapter, the following terms and their derivations shall have the meaning given herein:

ADMINISTER: The direct application of a drug or controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:

1. A practitioner (or, in his presence, by his authorized agent), or

2. The patient or research subject at the direction and in the presence of the practitioner.

CONTROLLED SUBSTANCE: Any drug or substance included in Schedules I through V of the Uniform Controlled Substances Act found in Chapter 195, of the Missouri Statutes Annotated; including, but not limited to:

1. Cocaine and its derivatives;

2. Opiates and opium derivatives such as heroin, codeine, pethidine, and morphine;

5. Barbiturates and other depressants such as amobarbital, secobarbital, pentobarbital, phenobarbital, methaqualone, phencyclidine, and diazepam.

DELIVER OR DELIVERY: The actual, constructive or attempted transfer from one person to another of a controlled substance, drug paraphernalia, or simulated drug or simulated controlled substance whether or not there is an agency relationship.

DISPENSE: To deliver a drug or controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for such delivery.

DISTRIBUTE: To deliver other than by administering or dispensing a drug or controlled substance.

DRUG:

1. Substances recognized as drugs in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States or official national formulary or any supplement to any of them; or

2. Substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or animals;

3. Substances intended for use as a component of any article specified in this definition. It does not include devices or their components, parts or accessories.

DRUG PARAPHERNALIA: All equipment, products and materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of Chapter 195, RSMo. It includes, but is not limited to:

1. Kits used or intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;

§ 245.010 Lawson City Code § 245.010

2. Kits used or intended for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;

3. Isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled substance;

4. Testing equipment used or intended for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;

5. Scales and balances used or intended for use in weighing or measuring controlled substances;

6. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use in cutting controlled substances;

7. Separation gins and sifters used or intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;

8. Blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled substances;

9. Capsules, balloons, envelopes and other containers used or intended for use in packaging small quantities of controlled substances;

10. Containers and other objects used or intended for use in storing or concealing controlled substances;

11. Hypodermic syringes, needles and other objects used or intended for use in parenterally injecting controlled substances into the human body;

12. Objects used or intended for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:

In determining whether an object is Drug Paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:

1. Statements by an owner or by anyone in control of the object concerning its use;

2. Prior convictions, if any, of any owner, or of anyone in control of the object, under any State or Federal law relating to any controlled substance;

3. The proximity of the object, in time and space, to a direct violation of this Chapter;

4. The proximity of the object to controlled substances;

5. The existence of any residue of controlled substances on the object;

6. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows intend to use the object to facilitate a violation of this Chapter; the

§ 245.010 Controlled Substances § 245.010

innocence of an owner, or of anyone in control of the object, as to a direct violation of this Chapter shall not prevent a finding that the object is intended for use as Drug Paraphernalia;

7. Instructions, oral or written, provided with the object concerning its use;

8. Descriptive materials accompanying the object which explain or depict its use;

9. National and local advertising concerning its use;

10. The manner in which the object is displayed for sale;

11. Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;

12. The existence and scope of legitimate uses for the object in the community;

13. Expert testimony concerning its use.

LICENSE OR LICENSED: Persons required to obtain annual registration as issued by the State Division of Health as provided by Section 195.030, RSMo.

MANUFACTURE: The production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance by an individual for his own use or the preparation, compounding, packaging, or labeling of a controlled substance:

1. By a practitioner or his agent pursuant to a lawful order of a practitioner as an incident to his administering or dispensing of a controlled substance in the course of his professional practice; or

2. By a practitioner or by his authorized agent under his supervision for the purpose of or as an incident to research, teaching or chemical analysis or by a pharmacist or hospital as an incident to his or its dispensing of a controlled substance.

MARIJUANA: All parts of all varieties of the plant cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. It does not include the mature stalks or the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake or the sterilized seed of the plant which is incapable of germination.

PERSON: Any individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership or association or any other legal entity.

PHARMACIST: An individual currently licensed by the State Board to practice the profession of pharmacy in this State.

PRACTITIONER: A physician (M.D. or D.O.), dentist, podiatrist, veterinarian, scientific investigator or other person licensed, registered or otherwise authorized by law to administer and prescribe, use in teaching or chemical analysis, or conduct research with respect to a controlled substance in the course of professional practice and research.

PRESCRIPTION: A written order, and in cases of emergency, a telephone order, issued by a practitioner, in good faith in the course of his professional practice to a pharmacist for a drug for a particular patient, which specifies the date of its issue, the name and address of the patient (and, if such drug is prescribed for an animal, the species of such animal), the name and quantity of the drug prescribed, the directions for use of such drug, and the signature of such practitioner.

PRODUCTION: The manufacture, planting, cultivation, growing or harvesting of a controlled substance.

§ 245.010 Lawson City Code § 245.020

SIMULATED DRUGS OR SIMULATED CONTROLLED SUBSTANCES: Any product which is identified by using a common name or slang term associated with a controlled substance and which indicates on its label or accompanying promotional material that the product simulates the effect of a controlled substance. In determining whether an object is a simulated drug or simulated controlled substance, a court or other authority should consider, in addition to all other logically relevant factors, the following:

1. Statements made by an owner or by anyone else in control of the substance concerning the nature of the substance, or its use or effect;

2. Statements made to the recipient that the substance may be resold for inordinate profit;

3. Whether the substance is packaged in a manner normally used for illicit controlled substances;

4. Evasive tactics or actions utilized by the owner or person in control of the object, to avoid detection by law enforcement agencies;

5. Prior convictions, if any, of an owner, or anyone in control of the object, under State or Federal law related to controlled substances or fraud;

6. The proximity of the substances to controlled substances.

WAREHOUSEMAN: A person who, in the usual course of business, stores drugs for others lawfully entitled to possess them and who has no control over the disposition of such drugs except for the purpose of such storage.

WHOLESALER: A person engaged in the business of distributing drugs.

SECTION 245.020: CONTROLLED SUBSTANCES

A. No person shall sell, give away, manufacture, use or possess for any purpose whatever, any controlled substance except as provided herein.

B. Distribution by licensed practitioners is permitted under the following conditions:

1. Practitioners. A licensed practitioner shall be permitted to dispense or distribute controlled substances and drugs to a person in the course of his professional practice only; and such licensed practitioners shall not be permitted to possess controlled substances for any other purpose.

2. Pharmacists. A licensed pharmacist shall be permitted to dispense or distribute controlled substances and drugs to persons under and in pursuance of written prescriptions issued by any licensed practitioner; and such licensed pharmacist shall not be permitted to possess controlled substances for any other purpose.

3. Record of distribution. All instances of professional distribution of controlled substances and drugs as provided for herein shall be recorded in suitable form and filed and preserved in a manner so as to be readily accessible for inspection by any Law Enforcement Officer of the City.

4. Renewal prohibited. No prescription for controlled substances shall be renewed or refilled.

C. Any person shall be permitted to possess controlled substances distributed or dispensed to him under the provisions of this Section, but such possession and use must be in accordance with the prescription and prescribed treatment.

D. A person who is a licensed manufacturer, warehouseman, or wholesaler of controlled substances shall be permitted to possess controlled substances for the purposes of wholesale delivery, compounding, preparation, and manufacture only; and the same shall only be resold to other persons permitted by this Section to resell, or dispense or distribute controlled substances in the course of a licensed manufacturing or wholesale business, a licensed professional practice or a licensed pharmaceutical business. A licensed manufacturer or wholesaler permitted to possess controlled substances in this Subsection (D) may also be a licensed pharmacist and may dispense or distribute narcotic drugs upon written prescription as provided herein, but shall not consume or permit to be consumed any controlled substances except upon written prescription as herein provided.

§ 245.020 Controlled Substances § 245.060

E. All controlled substances in the possession of any person convicted of a violation of this Section shall be seized by, confiscated by, and forfeited to the Chief of Police, who shall make proper disposition thereof.

F. This Section shall not apply to the administering or distributing or dispensing of any medicinal preparation that contains in one (1) fluid ounce, or if a solid or semi-solid preparation, in one (1) avoirdupois ounce, not more than one (1) grain of codeine or any of its salts. Provided that the preparation administered or distributed or dispensed shall contain some drug or drugs of medicinal qualities in addition to those possessed by the controlled substance alone. Such preparation shall be administered, distributed, or dispensed in good faith and not for the purpose of evading this Subsection. However, no person shall administer, dispense, or sell, under the exemption of this Section, any preparation included in this Subsection, when he knows, or can by reasonable diligence ascertain, that such administering, dispensing, or selling, will provide the person to whom or for whose use such preparation is administered, dispensed, or sold, within any forty-eight (48) consecutive hours, with more than four (4) grains of codeine or any of its salts.

G. The provisions of this Section restricting the possession and control of controlled substances shall not apply to common carriers or warehousemen engaged in lawfully transporting or storing such controlled substances, or to any employee of such common carriers or warehousemen within the scope of his employment, or to public officers or employees in the performance of official duties requiring possession or control of controlled substances, or to persons aiding such officers or employees in the performance of such duties.

SECTION 245.030: POSSESSION OF DRUG PARAPHERNALIA

It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this Chapter. Any person who violates this Section is guilty of a misdemeanor and upon conviction may be imprisoned for not more than six (6) months, fined not more than five hundred dollars ($500.00) or both.

SECTION 245.040: DELIVERY OF DRUG PARAPHERNALIA TO A MINOR

Any person eighteen (18) years of age or over who violates this Chapter by delivering drug paraphernalia to a person under eighteen (18) years of age who is at least three (3) years his junior is guilty of a special offense and upon conviction may be imprisoned for not more than six (6) months, fined not more than five hundred dollars ($500.00), or both.

SECTION 245.050: DELIVERY OF A SIMULATED DRUG OR SIMULATED CONTROLLED SUBSTANCE TO ANY PERSON

It shall be unlawful for any person to deliver any simulated drug or simulated controlled substance to another person. Any person who violates this Section is guilty of a misdemeanor and upon conviction may be imprisoned for not more than six (6) months, fined not more than five hundred dollars ($500.00), or both.

SECTION 245.060: GLUE SNIFFING─UNLAWFUL─PENALTIES

A. As used in this Section, the term "model glue" shall mean any glue or cement of the type commonly used in the building of model airplanes, boats, and automobiles, containing toluene, acetone, or other solvent of chemical having the property of releasing toxic vapors.

B. No person shall, for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction, or dulling of the senses or nervous system, intentionally smell or inhale the fumes from any model glue; provided however, that this Section shall not apply to the inhalation of any anesthesia for medical or dental purposes.

C. No person shall for the purpose of violating or aiding another to violate any provision of this Section, intentionally possess, buy, sell, transfer possession, or receive possession of any model glue.